Other Fields
Agency Scheme: 
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Office of the Assistant Secretary for Export Administration
Sub-Agency/Bureau/Division:: 
Bureau of Industry and Security
Appeal Officer #1 (Title): 
Under Secretary of Bureau of Industry and Security
Appeal Officer #2 (Title): 
Deputy Under Secretary for Export Administration
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
Certain cases are appealed to the Under Secretary of the Bureau of Industry and Security in this scheme, including violations of 15 CFR Part 760, and administrative actions taken under the Export Administration Act (EAA) or the Export Administration Regulations (EAR). Cases involving violations of other sections of the EAR, and temporary denials under the EAR simply have ALJ decisions reviewed by the Under Secretary without appeal, and he or she makes the final decision. See 15 CFR 766.21. All Fastener Quality Act cases may be appealed to the Deputy Under Secretary for Export Administration.
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Either
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for appeal hearings (please include CFR citations): 
15 CFR 766.21, 280.222. 756.2
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
Written (Document-Only) Hearing: 
100%
In-Person: 
0%
Video: 
0%
Phone: 
0%
How is the type of hearing selected for appeals heard by this office?: 
By Agency
By Private Party
Required by Rule
How many appeal officers preside at each hearing?: 
One
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
Yes (Some Types of Cases)
Are appeal hearings recorded and/or transcribed?: 
Only at Party Request
Discretion of Adjudication Officer(s)
N/A (Document-Only Hearings)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
No
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (Some Types of Cases)
If "Yes (Some Types of Cases)," please describe types of decisions/cases that are judicially reviewable: 
For Fastener Quality Act cases judicial review is available, whereas in other case types there is no information available about judicial review.
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
No
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
No
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
No
PROCESS & PROCEDURE
Comments/Notes on Appellate Process & Procedures (Optional): 
"The rules of evidence prevailing in courts of law do not apply, and all evidentiary material deemed by the Under Secretary to be relevant and material to the proceeding, and not unduly repetitious, will be received and considered." 15 CFR 756.2(b)(4)(ii) "The Under Secretary has the authority to limit the number of people attending the hearing, to impose any time or other limitations deemed reasonable, and to determine all procedural questions." 15 CFR 756.2(b)(4)(iii)
ADJUDICATORS
Total # of Appeal Officers: 
1
Comments/Notes on Appellate Adjudicators (Optional): 
The Under Secretary may hear these appeals; the Under Secretary is defined as the Under Secretary of the Bureau of Industry and Security in 15 CFR 766.2. For cases involving the Fastener Quality Act the Appeal Officer is noted as the Under Secretary for Export Administration (now known as the Deputy Under Secretary) in 280.22. "The Under Secretary may delegate to the Deputy Under Secretary for Industry and Security or to another BIS official the authority to review and decide the appeal. In addition, the Under Secretary may designate any employee of the Department of Commerce to be an appeals coordinator to assist in the review and processing of an appeal under this part. If such employee is not an employee of BIS, such designation may be made only with the concurrence of the head of the operating unit in which that employee is employed. " See 15 CFR 756.2.
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
3
Total # Cases Decided/Closed (FY2013): 
3
Total # Cases Pending (End of FY2013): 
0
Verified by Agency: 
Verified